Digital Commons Network^™

Successful Motions For Reconsideration Require Extraordinary Circumstances, Maria A. Gomez

Bankruptcy Research Library

(Excerpt)

Motions for reconsideration are not recognized under the Federal Rules of Civil Procedure (the “Rule(s)”) or the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rule(s)”). A party seeking reconsideration of an order in the bankruptcy courts can file either: (1) a motion to alter or amend a judgment under Bankruptcy Rule 9023, if the order is interlocutory; or (2) a motion for relief from judgment under Bankruptcy Rule 9024, if the order is a final one. The applicable rules to motions for reconsideration are different depending on whether the motion is for an interlocutory or final order. There are …

Circumstances In Which A Fee Is An Excise Tax Entitled To Priority, Valerie Hammel

Bankruptcy Research Library

(Excerpt)

Title 11 of the United States Code (the “Bankruptcy Code”) enumerates several categories in which claims are entitled to receive priority. Indeed, Section 507(a)(8)(E) grants governmental units priority on obligations that are “excise tax[es] on a transaction.” The Bankruptcy Code, however, does not define the universe of circumstances necessary to fall within the excise tax priority category. Governmental units therefore spend considerable efforts litigating to ensure that their claims are granted priority under the Bankruptcy Code. Ultimately, the success of a claim will hinge on how narrowly or broadly a court interprets Section 507(a)(8)(E). Part I of this memorandum …

Uncertainty In The Gap Period: The Dangers Of Doing Business With An Alleged Debtor, Daniel Ishoo

Bankruptcy Research Library

(Excerpt)

Section 303 of the Bankruptcy Code allows creditors to initiate an involuntary case against a debtor by filing a petition with the court. Although the provisions applied to an involuntary case and a voluntary case are largely the same, one major difference surfaces in an involuntary case—the existence of what is commonly referred to as the “gap period.” The gap period is the period between the filing of an involuntary petition and a Judge’s entry of an order for relief.

Pursuant to § 303(f) of the Bankruptcy Code, the debtor may continue to operate during the gap period as …

Conflicts Counsel Is Not A Cure All; It Does Not Overcome An Actual Conflict Of Interest, Stephanie Kenn

Bankruptcy Research Library

(Excerpt)

The Sixth Amendment of the Constitution guarantees the right to assistance of counsel. With this right comes many nuances, including the right of an individual to obtain counsel of his or her choice in civil matters if they choose to engage in such matters. The lawyer-client relationship is a fiduciary one and it carries many responsibilities on the attorney’s part. For example, a lawyer must provide “undivided loyalty” to his or her clients. This means that a lawyer must be aware of any conflicts of interest that may arise in the ordinary course of business. Lawyers must take the …

Adversary Proceeding Not Required For Bankruptcy Courts To Determine Lien Status, Justin Korenblatt

Bankruptcy Research Library

(Excerpt)

In Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC, the Fourth Circuit denied Wells Fargo’s motion to set aside an order canceling its mortgage because the motion was not timely. In 2002, Wells Fargo extended a mortgage to the debtors on a property in Pendleton, North Carolina. Two years later, debtors refinanced the property with PNC Bank. Although PNC fully repaid Wells Fargo’s loan, Wells Fargo allowed the debtors’ line of credit to remain open, and permitted the debtors to take advances totaling over $300,000. Then, in 2012, debtors filed voluntary petitions for relief under chapter …

Application Of The Federal Rule Of Bankruptcy Procedure Rule 2004 Balancing Test, Patrick O’Connor

Bankruptcy Research Library

(Excerpt)

Federal Rule of Bankruptcy Procedure 2004 (“Rule 2004”) provides that “[o]n motion of any party in interest, the court may order the examination of any entity.” By its terms, the rule is broad. It is only marginally narrowed by Rule 2004(b) to require that examinations “relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge.” Given that Rule 2004 is broadly available in bankruptcy cases to “any party in interest” …

The Insolvency Effect On Attorney-Client Privilege, Anna Piszczatowski

Bankruptcy Research Library

(Excerpt)

“The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law.” This privilege has been held as sacred and essential to encourage complete and candid communication between attorneys and their clients. In fact, if the attorney’s “professional mission” is to be carried out appropriately to the fullest extent, then the attorney must be able to acquire all the information necessary to represent his client. Therefore, the privilege allows unfettered communication, for the benefit of both parties.

By carving more exceptions to the privilege, as bankruptcy courts, and even the Supreme Court, have in …

Although A Presumption Against Extraterritoriality Generally Precludes A Foreign Plaintiff From Recovering A Debtor’S Assets In A Civil Rico Claim, That Presumption Can Be Overcome To Hold A Foreign Defendant Liable For A Preference Claim, Amanda M. Schaefer

Bankruptcy Research Library

(Excerpt)

The civil portion of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) permits any individual “injured in his business or property by reason of a violation of the statute’s criminal provisions” to pursue a cause of action against a tort feasor. For a party to pursue a civil remedy for economic injury under the civil portion of the statute, its criminal portion must first be violated through illegal activity, such as numerous acts of mail and wire fraud. In RJR Nabisco, Inc. v. European Community (“RJR Nabisco”), the Supreme Court held that RICO’s private right of action under …

Fraudulent Transfer Provision Of The Bankruptcy Code Defined More Narrowly Than Similar Provisions In Other Statutes, Yaakov Seff

Bankruptcy Research Library

(Excerpt)

The fraudulent conveyance provision of the Bankruptcy Code, (“the Code”), Section 548, is an “elemental and ancient provision of debtor-creditor relations.” It provides that “[t]he trustee may avoid any transfer ... of an interest of the debtor in property ... that was made ... within two years before the date of the filing of the petition . . .” where the transfer involved actual or constructive fraud.

But the ability to avoid fraudulent transfers is not limited to the bankruptcy context; parallel provisions are found in several areas of the federal legislation. For instance, there is a fraudulent transfer …

More Than Fraud: Proving Fraud On The Court, Stephen Van Doran

Bankruptcy Research Library

(Excerpt)

In all adversarial proceedings, litigants have a duty of full disclosure and honesty with the court. Typically, where a party obtains a judgment through fraudulent conduct, the only way to overturn that judgment is through a motion to vacate pursuant to Federal Rule of Civil Procedure 60(b)(3).

A final judgment can also be overturned by a motion, pursuant to Federal Rule of Civil Procedure 60(d)(3), as incorporated into the Bankruptcy Rules by Rule 9024, to vacate a judgment based upon fraud on the court. Fraud on the court is generally limited to instances where “the integrity of the judicial …

Mechanistic Study Of P23-Mediated Aryl Hydrocarbon Receptor Expression, Beverly Pappas

University of the Pacific Theses and Dissertations

The aryl hydrocarbon receptor (AHR) is a ligand-activated signaling molecule which is involved in diverse biological functions ranging from cancer metastasis to immune regulation. This receptor forms a cytoplasmic complex with Hsp90, p23, and XAP2. We have previously reported that down-regulation of p23 triggers degradation of the AHR protein, uncovering a potentially dynamic event which controls the cellular AHR levels without ligand treatment. Here we investigate the underlying mechanisms for this p23 effect using wild-type HeLa and the p23 knockdown HeLa cells. Reduction of the Hsp90 and XAP2 contents, however, did not affect the AHR protein levels, implying that this …

Simple Goodness And Ethical Theory, Sarah Marie Babbitt

Dissertations

This work is an examination of the concept of simple goodness and its role in ethicaltheory. I argue on pragmatic and epistemic grounds that simple goodness (SG), commonly referred to as "good simpliciter," is problematic for ethical theory and for ethical discourse generally. I begin by defining SG, focusing on the original account developed by G.E. Moore, and I argue that it is an intrinsic value in several senses. I review the arguments of prominent critics of SG, namely Peter Geach, Judith Jarvis Thomson, and Richard Kraut, who focus on the logical and metaphysical puzzles inherent to the concept of …

Getting On The Same Page: A Grounded Theory Study Of Nurse And Physician Collaborative Practice Development, Julie Cerese

Dissertations

The movement toward an integrated approach to healthcare professionals' education, interprofessional education (IPE), has been advancing over the past 60 years in the United Kingdom, Canada, and more recently in the United States. Support for IPE as a mechanism to positively impact collaborative practice and patient outcomes comes from international and national healthcare and educational leadership agencies as well as professional medicine and nursing thought leaders. Theories have evolved to explain the linkages among IPE, collaborative practice, and positive patient outcomes. Researchers have found support for the short term positive impact of IPE on attitudes, perceptions, clarity about roles and …

Hic Rhodus, Hic Salta! Three Conceptions Of The Modern Inequality Paradox, Nicoletta Christina Montaner

Dissertations

The modern epoch is characterized by a paradoxical form of social inequality in which poverty expands alongside the unprecedented growth in socially-produced wealth. Any one conception of this dynamic stakes a claim within the classical liberal problematic, in which the central political challenge is the negotiation of individual interests with those of the social whole. Part one of this work analyzes three influential conceptions of the inequality paradox in the history of social thought, those of G.W.F. Hegel, Karl Marx, and John Maynard Keynes, each encompassing a perspective on the nation-state and its relationship to the institutions of economic intercourse. …

Administrator Support Of Social-Emotional And Academic Needs Of Students At A Selective Enrollment High School, Therese Elizabeth Plunkett

Dissertations

As an administrator at a selective enrollment high school in an urban district, I experienced firsthand the lack of differentiation for students experiencing social-emotional learning (SEL) issues, which in turn affects academic learning. This self-study examines what strategies and interventions assist administrators in targeting the social-emotional and academic needs of students. School leadership is obligated to facilitate increasing and implementing supports that address the SEL and diverse-learning needs of all students. One way in which leadership can promote addressing differentiated learning is through ensuring Multi-Tiered Systems of Support (MTSS) are implemented with fidelity. MTSS formerly known as response to intervention …

The Impact Of Mood On Health Behaviors And Quality Of Life For Women With Cardiovascular Disease, Jacqueline Ann Tulley

Dissertations

Methods/Measurements: A cross-sectional correlational design explored the relationships between symptoms, functional status, health perceptions and QoL in women with CVD. The aims of the study were: 1) to determine the relationship of symptoms (depression/anxiety) to functional status (health-promoting behaviors), health perceptions (illness perception), and QoL; and 2) to determine whether age is a factor contributing to negative mood symptoms, functional status, health perceptions, and QoL after controlling for social support. Measurements were collected at one time-point to address these aims that included the following: biological function (Framingham Recurrent Risk Model and Functional Comorbidity Index), symptoms (Patient Health Questionnaire-8 and Generalized …

Political Essentialism And Affective Polarization, Chase Wilson

Dissertations

Affective polarization, the phenomenon of liberals and conservatives treating each other as disliked outgroups, is increasingly intense (Iyengar & Westwood, 2015; Pew, 2016). In the present research, I used the construct of psychological essentialism (Medin & Ortony, 1989) to help understand this intergroup phenomenon. Specifically, I measured political essentialism, or the belief that political ideologies are strongly determined, informative, discrete and/or immutable, and tested the relationship between these beliefs and affective polarization. I approached this question with both correlational and experimental methods. In a correlational study, political essentialism overall is found to covary positively with affective polarization and social avoidance …

Mechanisms And Consequences Of Epigenetic Inheritance Following Parental Preconception Alcohol Exposure, Annadorothea Asimes

Dissertations

Recent advances in genomics research have revealed that preconception behaviors and experiences of mothers and fathers, including diet, environmental toxicants, and drug abuse, can impact future offspring through epigenetic mechanisms. This means that the risky behaviors of young people, such as the extremely popular practice of binge drinking, have potentially far-reaching consequences for generations to come. While there has been considerable research into fetal alcohol exposure and parental alcoholism, there has yet to be sufficient investigation into the mechanism of epigenetic inheritance or the functional consequences of parental preconception binge pattern alcohol abuse. The hypothesis tested herein is that parental …

How Does The Classroom Teacher Promote Academic Success In The Spanish Native Speaker Class: A Study Of Classroom Teachers' Perceptions Of Culturally Relevant Pedagogy In The Spanish Native Speaker Course At The High School Level, Michael Angelo Ayala

Dissertations

The achievement gap between Latino and White students is a significant problem, prompting the need to address the cultural conflicts that hinder relationships and compromise learning opportunities for Latino students in the United States. This exploratory qualitative study focused on Spanish Native Speaker (SNS) teachers' perceptions and use of Culturally Relevant Pedagogy (CRP) at the high school level. Framed with theory related to CRP, data were collected through interviews and classroom observations with four SNS teachers who teach a SNS class at various high schools in the suburbs of Cook County. A thematic analysis and an analysis using Herrera's (2010) …

Effective Leadership For The Implementation Of The Common Core State Standards: Principal Behaviors That Develop Professional Capital To Create Conditions For Positve Change, Eileen Beth Brett

Dissertations

Identifying specific leadership behaviors of elementary school principals that create conditions for positive change is critical to implementing educational reform. The purpose of this research is to identify specific leadership behaviors of principals that have positively impacted the implementation of the Common Core State Standards through the development of professional capital.

The Common Core Standards represent a recent movement to create national standards, founded on the belief that schools have an obligation to ensure that all students are college and career ready (McLaughlin & Overturf, 2012; Conley; 2014a). Implementing the Common Core has challenged principals to develop leadership skills to …

Divergent Pro-Leukemic Effects Of Myd88 And Ticam-1/Trif Mediated Toll-Like Receptor Signaling, Joseph Michael Cannova

Dissertations

The goal of this study is to determine the role of Toll-like receptor (TLR) signaling in acute myeloid leukemia (AML). AML is a hematopoietic malignancy that predominately affects the elderly. The median age of AML diagnosis is 67 years old. The standard of care of AML is treatment with cytotoxic chemotherapy, which elderly patients are often unable to tolerate. To identify novel pathways as potential targets for treatment, a microarray on AML primary patient samples was performed to determine the expression of key inflammatory genes. This microarray, and other published datasets, showed that TLR are overexpressed in myelomonocytic (M4) and …

Analysis Of A University-Informal Partnership For Teacher Education, Jenna Carlson

Dissertations

Mutual beneficial partnerships for teacher preparation are vital to universities. One of the untapped resources for teacher preparation are Informal Education Institutions (IEI). Some scholars believe that successful partnerships between universities and local IEIs are important for the future of teacher education (McKinnon & Lamberts, 2014; Kisiel & Anderson, 2010). Yet, there is little research to guide practice in this area (American Alliance for Museums, 2014; Buys & Bursnall, 2007). The purpose of this interpretive study is to add to the literature base reporting on university €“ IEI partnerships developed specifically to support initial teacher preparation and to make the …

International Mindedness: Phenomenological Inquiry Into Teacher Candidate Experiences, Kathleen Patricia Castillo-Clark

Dissertations

This dissertation contributes to the scholarship surrounding the development of international mindedness in teacher candidates. Phenomenological interview techniques were used to explore the experiences and perceptions of teacher candidates who enrolled in an undergraduate teacher preparation program leading to the International Baccalaureate educator certificate. By highlighting the teacher candidates, this study captured the strengths, challenges, and needs unique to this group. The findings can inform an understanding of how international mindedness develops in teacher candidates and subsequently how it is enacted, identifying curricular and instructional supports in practice that best support this learning. This study will also inform teacher educators …

The Real Deal: A Program Evaluation Of A Teen Pregnancy Program, Sejla Dizdarevic

Dissertations

Teen pregnancy rates within the United States continue to be the highest amongst developed countries. The purpose of this study was to evaluate whether the Real Deal, a teen pregnancy prevention program currently implemented in a high school in a Midwestern state, has a short- and/or long-term impact on students' a) perceptions of taking care of a baby by oneself, b) abstaining from sexual activities, c) delaying pregnancies until obtaining a post-secondary education, and d) delaying pregnancies until after marriage. Furthermore, the study evaluated staff perceptions on a) ease of program implementation and b) adequacy of the content within the …

Structural And Chemical Consequences Of High Oxygen Coverages On Rh(111), Rachael Gabrielle Farber

Dissertations

Partial oxidations of small molecules over metal surfaces are central to many heterogeneously catalyzed reactions. However, the identity of the actual surface species that promote or hinder these reactions has remained elusive for a variety of reasons. Recently, the understanding of the role of surface oxides in catalytic activity has changed. Instead of being thought of as poisons, they are now believed to be effective promoters of selective catalysis.

Rhodium (Rh) effectively promotes oxidation reactions and is a benchmark system for models of heterogeneously catalyzed chemistry. For this reason, Rh(111) was chosen as the model system for this dissertation work. …

The Enzymatic Activity And Inhibition Of Dape Encoded N-Succinyl-L,L-Diaminopimelic Acid Dessucinylase, Tahirah Heath

Dissertations

The bacterial enzyme DapE is a hydrolase in the late stage of the mDAP/lysine biosynthetic pathway that catalyzes the hydrolysis of N-succinyl-L,L-diaminopimelic acid (L,L-SDAP) to succinic acid and L,L-diaminopimelate (DAP). The product DAP is ultimately converted to m-DAP and then to lysine which is used in the construction of proteins, whereas for humans, lysine is an essential amino acid obtained through diet. DapE has been shown to be conserved across many strains of bacteria. The m-DAP produced through the succinylase pathway is used by both gram negative and gram-positive bacteria in the construction of the essential peptidoglycan cell wall. Because …

Molecular Determinants Of Trim5Α Restriction And Recruitment Of Autophagic Effectors, Sabrina Imam

Dissertations

TRIM5α is an anti-viral restriction factor that inhibits the lifecycle of retroviruses. TRIM5α binds to and forms a hexameric lattice around the retroviral capsid, thereby initiating its antiviral activities, which include: (1) inhibition of viral infection; (2) inhibition of viral reverse transcription; (3) disassembly of the capsid; and (4), activation of innate signaling pathways. The formation of this assembly also activates the E3 ubiquitin ligase function of TRIM5α. Ubiquitin modification is associated with directing substrates to particular cellular pathways. We and others have shown that TRIM5α cytoplasmic bodies colocalize with proteins involved in the autophagy pathway, and we hypothesized that …

Beyond Body Mixing: Race, Space, And The Meaning Of School Integration In A Chicago Suburb, Megan Rigsby Klein

Dissertations

Integration is often characterized as an effective means of fixing the problems associated with segregation. Whether with respect to residential segregation, education, or to public spaces in general, integration is seen as a way to undo the perils of racial segregation. Yet often times, integration takes a certain reified form with a large white majority and non-white minority. How do lived experiences of Black residents in integrated spaces affect their perceptions of integration? Drawing on data collected from arcHIVal research, participant observation, and in-depth interviews with long-term African American residents, this dissertation examines the ways in which race, space, and …

Role Of Micrornas In Impaired Gut Permeability Following Ethanol And Burn Injury, Niya Latrice Morris

Dissertations

Every year there are nearly 500,000 reported burn injuries in the United States; half of which occur under the influence of alcohol. Clinical studies have shown that burn patients who are intoxicated at the time of injury have a worse prognosis; including increased risk of multiple organ dysfunction syndrome (MODS) and sepsis. The etiology behind these pathological consequences of ethanol and burn injury remains to be elucidated. The Gut-lymph hypothesis of MODS theorizes that trauma (e.g. ethanol and burn injury) results in a redistribution of blood flow to protect more vital organs which leads to ischemia/hypoxia (diminished oxygen delivery) in …

Uncovering The Mechanisms Underlying The Immunogenicity Of Adenovirus Vaccine Vectors, Natalie Nidetz

Dissertations

Vaccination is historically the most effective tool for preventing infectious disease but current vaccine strategies fail to generate robust immunity to major infectious diseases such as HIV and malaria. Therefore, newer vaccine approaches are needed. Vaccines generated from viral, adenovirus based, vectors (AdVs) have proven highly immunogenic in multiple disease models. However, the clinical use of many AdVs is limited by the presence of pre-existing antibodies in human populations, which prevent expression of antigenic genes during immunization with AdVs based on common adenovirus (Ad) serotypes, such as HAdV-5C. Immunization with rare serotype based AdVs, such as HAdV-28D, are not affected …